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Wendy R. Willis, OSB 94496Assistant Federal Public Defender101 S.W. Main Street, Suite 1700Portland, OR 97204Telephone: (503) 326-2123

IN THE UNITED STATES 'DISTRICT COURTFOR THE DISTRICT OF OREGON

ELIZABETH DIANE DOWNS, ))Petitioner, ) No. CV 96-900 (HA))vs. ) AFFIDAVIT OF) WILLIAM J. TEESDALESONIA HOYT, Superintendent, )Oregon Women's Correctional Center, 'A ))

Respondent. )STATE OF OREGON )) ss.County of Mulmomah )

I, WILLIAM J. TEESDALE, being first duly sworn, depose and state as follows:1. I am an investigator in the Federal Public Defender's Office and have been

assigned to w ork on the Elizabeth Diane Downs m atter.2. On January 26, 1997, I had a conversation with Ms. Sandy Capps, about an

acquaintance of hers, James Claire Hay nes. During that conversation, M s. Capps told mePAGE 1 - AFFIDAVIT OF WILLIAM J. TEESDALE ( T e e - C a P P s . a f f )

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that she remembe red hav ing conversations with Mr. Haynes, where he con fessed that he wasthe person who comm itted the Down s' crime. Ms. Capps even tually agreed to provid e mewith a detailed affidavit describing what Mr. Hayne s had told her.

3. Based upon my initial conversation w ith M s. Capps, and several subsequent ones,I prepared a draft affidavit for Ms. Capps' review. A copy of this draft affidavit is attachedto this document as Exhibit "1" and is the document that I prepared based on Ms. Capps'

istatements. The draft document was mailed to Ms. Capps on March 19, 1998.

L4. I had a further telephone conversation with Ms. Capps on April 2, 1998, and she

suggested two min or changes to the draft documen t. I then sent the affidavit to Federal PubicDefender investigator Toni Pisani for her to set up an ap pointme nt with M s. Capps to get thedocument notarized.

5. Ms. Pisani told me that she did set up an appointment with M s. Capps, and met

with her on April 30 , 1998. After that meeting, Ms. Pisani contacted me and told me thatMs. Capps had refused to sign the affidavit because she was afraid of Mr. Haynes, an dbecause she was concerned about danger to her children.

DATED this "7+h day of July, 1998.

WILLIAM J. TEESDALESUBSCRIBED AND SWORN TO before me this " ? H > day of July, 1998, byWilliam J. Teesdale. 7/t-

O F F I C I A L S E A L || Notary Public for OregonN O T A R Y I R J B L I C M O R E G O NMY Commission Expires:C O M M I S S I O N NO.A057178

M Y C O M M I S S I O N E X P I R E S S E P 0 7 , 2 0 0 0mjffiM J. TEESDALE (Tee-Capps.aff)

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Wendy R. Willis, OSB 94496Assistant Federal Public Defender101 SW M ain Stree t, Suite 1700Portland, OR 97204(503) 326-2123Attorney for Petitioner

IN THE UNITED STATES DISTRICT COURTFO R THE DISTRICT OF QREGON

ELIZABETH DIANE DOW NS, )) CV No. 96-900 HAPetitioner, )) AFFIDAVIT OFvs. ) SAN DY CAPPSSONYA HOYT, Superintendent, )Oregon Women's Correctional Center, )

Respondent. )STATE OF OREGON )) ss .County of Lane )

I, Sandy Capps, being duly sworn, depose and say:I am a former girlfriend of Clayton Ny sten. I have known M r. Ny sten since I

was about four teen years old. I also know Mr Nysten 's former best friend, JimHaynes. I first got to know Mr. Haynes in about 1987, although I may have seen hima few times before that.

j

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I remember it was about te n years ago when I had separated from m y husbandthat I began a relationship with Mr. N ysten. I t was at that point that I got to know JimHaynes, and we became friends. Before I decided to move in with M r. Nysten, bothhe and Jim Haynes would give m e money to stay in motels. After I went to live withClayton Nysten, we went to live in a house on Lawrence Road in Junction City.Clayton was renting two rooms on the top floor of the house, which belonged to friendsiof his. i.

When the Downs shooting took place I talked to my then-husband about it. Iremember seeing a composite picture of the attacker in the newspaper. The picturelooked very much like Haynes. I used to have a picture of myself and Jim Haynes,where he looked exactly the same as the composite.

I recall one evening I was at the Lawrence Road house when Clayton came home

in a rage. Jim Haynes was also with him but he stayed outside. Nysten got very angrywith me and beat me very badly. Nysten then left the house and screamed at Haynes,who was asleep outside. Clayton then left. Jim Haynes then came in and was veryupset about what Nysten had done to me. Haynes told me he had come along to makesure that Nysten did not hurt me but had fallen asleep. Mr Haynes came upstairs and

sat with me and told me that I meant a lot to him. Jim Haynes and I then spent thewhole night talking. The conversation lasted between eight to twelve hours.

Mr. Haynes became upset and asked me what I thought would be put on his

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headstone whe n he was dead . Jim told me that if I ever knew what sort of person hereally was I wou ld really hate and despise him . I said that it could not be that bad.Haynes then asked me w hat I would think if he had shot kids. W hen he said that I gotreally nervous. Jim Haynes then told me he had shot Diane Downs' kids and that itreally changed his life. Haynes said now he felt all kinds of emotions from what hadhappened. Haynes said he had no choice because she had seen "narcs." Haynes alsoIsaid he had only meant to kill them and had not wanted them to suffer. There werei.tears in his eyes when he told me that.

During th e rest of the night Ha ynes kept telling me the same thing. He rambleda lo t between telling m e about th e shooting and wanting m y forgiveness. Jim told m ethat he smoked a lot of cigarettes waiting there for her and that he did not knowwhether he would be able to go through with it. Haynes also said that "we waited for

her." Jim told m e that it was no big deal to break legs, but this was different, but thenDiane should have known better because "she was told." Haynes said that Diane had"been some place she shouldn't and seen people that she should not have seen," andthat he had been hired to do it. Jim also said that when you want to really h urtsomeone, you hurt th e people that are close to that person. After sitting and listening toJim all night say that he had shot the Downs family, I never had any doubts that Jim didit.

About tw o years ago I heard that Diane Downs' father was trying to getPAGE 3 - AFFIDAVIT OF SANDY CAPPS

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statements from people about M r. Haynes. A t that time Haynes came to see me andlooked me in the eyes and said he would never hurt kids and that he's a dad himself. Itwas as if the earlier conversation had never taken place. Haynes then said: "I reallyhope I never see your name on anything, it really wouldn't be a safe thing to do at all."I said that I didn't really remember, and he said "that's not a bad way to be." Haynesthen asked me to come to court and say that all the people who had given statementsihad reasons to get at him. I said "sure Jim," but I wanted nothing to do with it.i.

I have also been threatened by Mr. Nysten that I should come forward and tellwhat I know. About three years ago Mr. Nysten grabbed me by the throat and threwme up against a refrigerator, saying I should come forward. After that incident, I got arestraining order against him. I know that Nysten is a very violent man. He has beatenme very badly many times. I have seen him shoot at people many times. I remember

one time he shot at someone with an Ouzi when he wanted them to leave his property.I have seen him bind and handcuff a person and hang them upside down at his remotehouse near Junction City. I know that Nysten would often beat his friends up, chokingthem, and hitting them just to show he had control.

I also know that Haynes and Nysten ran drugs and guns together, and that

Haynes was involved in doing collection work for money or drugs. Although I havenever seen Haynes do anything really violent, I know he would do crazy things.Haynes has told me that he has broken legs for money before. I have also heard about

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Haynes dr iv ing around and copying th e 1-5 bandi t , stopping people and robbing peopleon the road. I know that Jim would always do anything that someone dared him to do.

I have n ever said an ything about this before . I have never told Nysten whatHaynes said, even though he suspected that Haynes had told me. I am scared of Nystenand Hayn es. At the time H aynes confessed to me, the people in his and Ny sten's circlehad a great deal of money and power. They knew police officers an d people at the

>District Attorney's office. They knew who the confidential informants we re. I heardi.many things about law enforcement people taking kickbacks from drug dealers. Therewere very strong links between people in the drug trade and people in authority in LaneCounty. I would not have wanted to come forward with information to anyone inauthority here. I am still scared about anyone finding out I have given this affidavit.

SANDY CAPPSSUBSCRIBED AND SWORN TO BEFORE ME this day of

1998.

Notary Public fo r Oregon

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